HomeMy WebLinkAboutC-4533 - Local Registry Staffing AgreementMEDSTAFF
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LOCAL REGISTRY STAFFING AGREEMENT
This Staffing Agreement (this "Agreement'") is entered into on _July 4th. 2010, by Med&gff, Inc., a Delaware
corporation ( "Agency'), and City of Newport Beach, a Municipal Corporation ( "Client ").
1. STAFFING SERVICES. Upon Client's request and on the qualifications established by Client, Agency will use
commercially reasonable efforts to recruit qualified healthcare professionals ("HCPs") and staff them at Client's
facility (ies) in accordance with the specifications provided by Client. Exhibit A contains the fee schedule for the
services to be provided hereunder.
2. HCP QUALIFICATIONS. Agency will provide Client with the qualifications of the HCPs presented as
candidates for assignments, including a completed application, skills checklist, current CPR, current nursing license
issued by the state in which Client is located, a minimum of two work references, a copy of a current physical
examination (which includes a PPD test yearly or the results of a chest x -ray when appropriate), Measles, Mumps
and Rubella immunization/titre, evidence of Hepatitis B series or waiver, and Varicella immunization/titre and
negative results of a pre - employment drug screen. In addition each HCP shall carry a copy of his or her license and
CPR card at all limes when working at the Client's facility, and shall present said license and CPR card to Client's
administration when requested. Each HCP referred to Client must have at least I year of previous experience in that
relevant area unless otherwise agreed in writing by Client. LPN's and RN's shall be licensed in the state in which
said employee is staffed. All other testing and/or credentialing required by Client shall be performed by Agency at
Client's sole expense. Any such Client requirements shall be billed to Client at Agency's cost without any markup.
3. GENERAL TERMS. Agency acknowledges and agrees that Client is not obligated to use Agency exclusively to
provide Client with any HCPs. Agency shall comply with all federal laws, regulations and procedures regarding legal
status to work and reside in the U.S., including completion of required Immigration and Naturalization forms upon hire.
Agency and its affiliates are Equal Opportunity Employers and do not and will not discriminate in the placement of
personnel on the basis of race, creed, color, national origin, sex, age, disability, citizenship or veteran status.
4. HIRING HCPs. Client agrees to refrain from hiring/contracting HCPs for direct employment. Agency and
Client agree that in the event Client hires an HCP, while HCP is working on a per diem basis or within twelve (12)
months after the completion of such employment, Client agrees to pay a placement The equal to 25% of HCP's first
year salary which shall be paid to Agency by Client.
5. TIMESHEETS. A Client representative and the assigned HCP shall each approve the horns worked by the HCP by
executing the HCP's timesheet an a form provided by Agency, unless Client requires otherwise. Timesheets shall be
submitted by Client weekly. Client's execution of a timesheet shall constitute Client's acceptance and waiver of
objections to the work performed by an HCP, the number of hours so listed, the shift and unit worked by an HCP and
other additional charges listed thereon,
6. BILLING AND PAYMENT. Agency will invoice Client on a weekly basis for all amounts pursuant to the rates
and terns contained on Exhibit A attached hereto. If, under applicable state law, Agency is required to pay an HCP
any wage/hour penalty, Client will be billed for and will pay such penalty at the regular hourly rate for such HCP.
Payment shall be due within thirty (30) days after receipt of the invoice. If payment is not received within sixty (60)
days of invoicing, Agency reserves the right to suspend its services hereunder until payment is received. Client will
submit any and all objections to the invoices to Agency within fifteen (15) days after Client's receipt of the invoice.
Late invoicing will not affect Client's responsibility for payment. Payments shall be applied in the following order
against amounts owed by Client to Agency: (a) first, to the payment of any costs of collection incurred by Agency
and (c) last, to the payment of fees for services rendered by Agency to Client under this Agreement. Client and
Agency agree that any settlement of disputes regarding this Agreement must be in writing and signed by Agency and
Client, or it will not be binding upon either of them. Client authorizes Agency to receive and deposit payments
marked "paid in full" or "full satisfaction and discharge" or words of similar import, without waiving Agency's right
to proceed against Client for any outstanding amounts owed by Client in excess of such payments. Any partial
payment of an invoice received and
deposited by Agency shall not be deemed to be payment in full of such invoice and shall not waive Agency's right to
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MEDSTAFF
NVALTHCAtI! SOLUT /01115
proceed against Client for any outstanding amounts owed by Client in excess of such payment. Payments should be
sent to MedStaff Healthcare Solutions, P.O. Box 404691, Atlanta, Georgia 30384-0691.
7. INDEPENDENT RELATIONSHIP. Agency and its affiliates will render all services contemplated under this
Agreement to Client as independent contractors and not as employees, agents, partners of, or joint venturers with
Client. No HCPs performing services under this Agreement shall have any authority to bind Agency and/or its
affiliates or to modify this Agreement. Client agrees not to solicit any HCPs performing services hereunder to
become employed by Client or to attempt to otherwise modify the employment relationship between HCPs and
Agency and/or its affiliates in any manner, except as provided in the attached Fee Schedule(s).
8. T.1C STANDARDS; FLOATING; ORIENTATION POLICIES; PERFORMANCE EVALUATIONS.
Client agrees to orient Agency staff to the relevant unit, setting or program specific policies and procedures,
specifically related to medication management and patient safety protocols. Orientation shall be paid by Client as a
regular paid work day.
9. PATIENT CARE; INCIDENT REPORTING; PATIENT SAFETY. Client agrees to promptly notify
Agency's Risk Management Department by phone at 1- 800 -513 -5635 or 1- 888 - 235.3321 regarding any patient care
or safety concern, incident or pending or threatened lawsuit relating to services provided hereunder. Upon receipt of
notification of an incident, Agency's Risk Management Department will take all steps it deems reasonably necessary
related to the same. Client may contact the Joint Commission Office of Quality Monitoring directly at 800- 994 -6610
or by email complaint lointcommission.org regarding any patient safety concerns. Agency and Client agree that
neither party shall take any retaliatory and/or disciplinary action against an employee should they report any safety or
quality care concerns to the Joint Commission.
10. OCCUPATIONAL HEALTH AND SAFETY REPORTING. Client and Agency agree that they will comply
with all OSHA and CDC regulations concerning "Handwashing" and "Oecupational Exposure to Bloodbome
Pathogens" regarding blood home pathogens. Agency HCPs shall seek medical treatment following any work related
injury and/or exposure per the facility protocol (i.e. ER or Occupational Health) and shall use all commercially
reasonable efforts to report such incident to their immediate supervisor at the facility within 24 hours. Client agrees
to promptly notify Agency's Worker's Compensation Program coordinator by phone at 900 695 -7810 regarding any
work related injury, exposure or safety hazard within 24 hours after receiving notice of the event Client agrees to
fully cooperate with Agency in the investigation of the occupational health and safety event that occurred while on
assignment. Client and Agency agree that their staff have received training in preventing and protecting their
employees from workplace violence.
11. TERMINATION OF ASSIGNMENT WITH "CAUSE," Client may immediately terminate any HCP's
assignment for "cause" upon providing immediate written notice to Agency describing the details surrounding such
termination. As used herein, "cause" means any violation of Client's written policies, insubordination, poor
attendance, poor perfomariM misconduct or any violation of drug abase policy or any other act or omission by the
HCP which may have an adverse impact on the Client. Client will be billed for all hours worked by any such HCP
up to and including the date of termination.
12. CANCELLATIONS. Client may change or cancel its request for staff without incurring penalty provided
Agency is notified at least two (2) hours prior to start of shift. If less than two (2) hours notice is provided, Agency
will charge Client four (4) hours at the designated shift and HCPs' classification hourly rate. If HCP cannot be
contacted by Agency prior to reporting to Client for work, Client shall either pay Agency for Four (4) hours per the
rate structure for the HCP in effect at the time of the cancellation or utilize HCP for Four (4) hours.
13. TERM. July 4'", 2010 thru July 5's, 2010.
14. CONFIDENTIALITY. The parties agree that this relationship may meet the requirements established in 45
C.F.R. 164.500 for a business associate agreement (HIPAA). Agency agrees to execute and deliver a business
associate agreement to Client upon Client's request In addition, Client agrees that it will Trot, directly or indirectly,
disclose to any HCPs or any third party any rate or other remuneration information disclosed by Agency to Client or
MEDSTAFF
n i A L r N C w 11 E SOLUTIONS
any other information contained in this Agreement, except to the extent that such information is rey.;r J to L.
disclosed by law, court or governmental order. Client acknowledges that all information regarding rates and other
remuneration, as between Agency and HCPs and Client and Agency, is considered proprietary by Agency. The terms
of this Section 14 shall survive the termination of this Agreement for any reason.
15. INSURANCE. During the term of this Agreement, Agency will procure and maintain in effect professional
liability and general liability insurance coverage of $1,000,000 individual and $3,000,000 aggregate and
shall furnish, at Client's request, certificate(s) of insurance evidencing worker's compensation as required by law,
professional liability, and general liability insurance for each HCP employed under this Agreement.
16. LIABILITY AND INDEMNIFICATION. Agency agrees to indemnify and hold harmless Client from claims
and liabilities (including reasonable attorneys' fees and expenses incurred in the defense thereof at all trial levels)
relating to any property damage, personal injuries or death, directly arising out of the acts or omissions of Agency or
its employees in connection with Agency's duties and services provided under this Agreement and acts or omissions
of Agency or its employees relating to any action, cause of action, claims, lawsuits or investigations against Client by
any person or a governmental entity or agency relating to any action or omission to act by Agency, its employees,
agents, including, but not limited to, discrimination, wrongful discharge, retaliation, breach of contract or any other
federal, state or agency law, rule or regulation. Client agrees to indemnify and hold harmless Agency, its affiliates,
directors, officers, agents, trustees, employees, agents and representatives from claims and liabilities (including
reasonable attorneys' fees and expenses incurred in the defense thereof at all trial levels) relating to personal injuries
or death, directly arising out of the acts or omissions of Client or its employees and claims and liabilities relating to
any action, cause of action, claims, lawsuits or investigations against Agency by any person or a governmental entity
or agency relating to any action or omission to act by Client, its employees, agents, including, but not limited to,
discrimination, wrongful discharge, retaliation, breach of contract or any other federal, state or agency law, rule or
regulation.
Client and Agency each agree that they shall only be liable to the other party under this Section 16 for the
proportionate liability or relative share of negligence allocated to such party based on the negligent acts or omissions
of its employees, agents or representatives.
17. NOTICES. Any notice rendered in connection with this Agreement shall be in writing and shall be effective
when delivered personally (including by Federal Express, Express Mail, or similar courier service), if sent by
facsimile, on the date of transmission with confirmed answer back, or five (5) days following deposit into the United
States mail, certified mail, return receipt requested, first class postage prepaid, addressed to such party at the address
set forth below. If to Agency: MedStaff, Attn: Jeff Carlson,_, 20 Corporate Park Ste. 125, Irvine, CA 92606
Fax: (949)251 -9426. If to Client: , Attw Lt Bill Hartford, City of Newport Beach Police
Department, 870 Santa Barbara Dr., Newport Beach, CA 92660, Fax: (949) 644 -3730.
18. HOURS OF OPERATION; CUSTOMER RELATIONS; COMPLAINTS. Our regular office hours are
Monday — Thursday, 8:30 am to 6:00 PM EST, and Friday, 8:30 am to 5:00 PM EST. For any urgent issues or
emergencies after regular business hours, clients can reach our 24 hour liaison by calling our toll free number.
(866)- 633 -0929 Any complaints regarding HCPs should be directed to the applicable Branch Manager.
19. CONFLICT OF INTEREST. By executing this Agreement Agency represents that it presently has no
interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which conflicts in any manner or
degree with Client or with the performance of the Services under this Agreement Agency further represents that it
shall not engage any person having such conflict of interest to perform services.
20. ACCESS TO RECORDS. In accordance with Section 420.302(b) of the Medicare regulations and for four (4)
years after the termination of this Agreement for any reason, Agency agrees to make available to the Secretary, U.S.
Dept of Health and Human Services, the U.S. Comptroller General and their representatives, this Agreement and all
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MEDSTAFF
HEALTHCARE t O L U T i O M S
books, documents and records necessary to certify the nature and extent of the costs of the services provided
hereunder.
21. ENTIRE AGREEMENT, MODIFICATIONS; WAIVERS; SUBCONTRACTING; SURVIVAL. This
Agreement constitutes the entire agreement between the parties with respect to the matters heroin and supersedes all
prior agreements, arrangements and understandings (whether oral or written) between the patties. This Agreement
shall- net- bMedi£+ad except in-writing-signed by both patties CXPTe9dYSt3fin9-d1Ttitc0119titutes -a moditicetion of
this Agreement Failure of any party to insist upon strict compliance with any of the terms of this Agreement in one
or more instances shall not be deemed to be a waiver of its rights to insist upon such compliance in the future, or
upon compliance with other terms hereof. Agency may subcontract with any of its affiliates to provide staffing
services, but will not subcontract to third parties without prior consent of Client (which shall not be unreasonably
withhold or delayed). This Agreement shall he binding upon and inure to the benefit of the successors and permitted
assigns of the parties hereto. If any term or provision of this Agreement shall be found by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable, such finding shall not invalidate the whole Agreement.
Such teat or provision shall be deemed modified only to the extent necessary by adjudication to reader such term or
provision valid, legal and enforceable. Notwithstanding anything herein to the contrary, Sections 4, 6-13, 14 -16, 14,
and 20 -24 shall survive the termination of this Agreement for any reason.
22. GOVERNING LAW; JURISDICTION. This Agreement shall be governed by the laws of the State of
California. The parties acknowledge and agree that any civil action or legal proceeding arising out of or relating to
this Agreement shall be brought in the courts of record in the State of California in Orange County. Each party
consents to the jurisdiction of such court in any civil action or legal proceeding and waives any objection to the
laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be
effected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under
applicable laws, rules of procedure or local rules. Claims against either party to this Agreement may be brought by
the other party no later than one (1) year after such claims have arisen (except for claims for payment for services,
which may be brought within two (2) years after the last date of services for which payment is sought).
23. CONSEQUENTIAL; SPECIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OR
EXPENSES OR LOST PROFITS (REGARDLESS OF HOW CHARACTERIZED AND EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER OR IN CONNECTION WITH
THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE).
24. ATTACHMENTS; COUNTERPARTS; FACSIMILE DELIVERY. The terms and conditions of Exhibit A,
dated of even date with this Agreement is hereby incorporated by reference in the Agreement as if such Exhibit was
set out in Hill in the text of this Agreement. This Exhibit may be executed in two or more counterparts, each of
which will be deemed an original, but all of which together will constitute one and the same instrument Delivery of
an executed signature page of this Exhibit by facsimile transmission shall be effective as delivery of a manually
executed counterpart hereof.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.
Client
See Attachment
Name:
Title:
MedRajf, Inc.
Name: Jeff Carlson
Title: Branch Manager
MEDSTAFF
R E A L T N C A R E SOLUTIONS
Exhibit A to Local Registry Staffing Agreement, dated July 4th 2010.
Per Diem Nursing
WEEKDAY WEEKEND
Day
Evening
Night
Day
Evening
Night
'RN's $55.00
$ 55.00
$57.00
$57.00
$ 57.00
$ 57.00
"RN's $55.00
$ 55.00
$57.00
$57.00
$ 57.00
$ 57.00
LVN's $
$
$
$
$
$
CNA's $
$
$
$
$
$
See section B. & C. for holiday and overtime details
"MS. LTC. SUB ACUTE. SNF, RENAL
44 ER OR ICU CCU TELE PSYCH CVICU CVOR. LAD NNICU PICU CATH LAB BMT DIALYSIS
PEDS, ONC
A. ON -CALL; CALL-BACK; CHARGE. Client will be invoiced and pay $9.00 per hour for each HCP placed on
On -Call status but who is not working during such On-Call time period. With respect to HCP who is "Called back",
client will be billed at time and y2 the applicable rate. The minimum hours invoiced when an HCP is "called back"
will be two (2) hours, or in accordance with the Client's policy, whichever is greater. All hours worked by HCP's
placed in a charge status will be invoiced at an additional $6.00 per hour.
B. HOLIDAYS. Agencies holidays include New Years Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving, Christmas, Martin Luther King Day, and any otter Client designated holidays ( "Holiday ") will be
invoiced at one and one -half (1 �i ) the applicable base rate (the "Holiday Rate"). The Holiday Rate for 12 -hour
shifts is in effect from 10:00 p.m. on the eve of the Holiday to 11:59 p.m. on the night of the Holiday. The Holiday
rate is in effect for all g -hour shifts from 11:00 p.m. on the eve of the Holiday to 11:00 p.m, on the night of the
Holiday.
C. OVERTIME. Client will be billed for all overtime hours in accordance with current state regulations and
Federal labor laws. Overtime hours will be invoiced at time plus one -half per hour fbr all hours worked over forty
(40) in any workweek or, if state wage and hour laws differ, based on the applicable state wage and hour laws
applicable to Agency. Double -time, if applicable, will be invoiced to Client for all hours worked in excess of 12 per
workday as required by applicable state law.
D. ATTACHMENTS; COUNTERPARTS; FACSIMILE DELIVERY. Each Exhibit to this Agreement is hereby
incorporated by reference in this Agreement as if such Exhibit was set out in full in the text of this Agreement. The
parties may agree to new or modified rates by executing anew Exhibit A and attaching to this Agreement, this new
Exhibit A will be incorporated by reference herein to this Agreement. This Agreement may be executed in two or
more counterparts, each of which will be deemed an original, but all of which together will constitute one and the
same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission shall be
effective as delivery of a manually executed counterpart hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
ATTEST:
By: V `JA4�
Leilani Brown
City Clerk
By:
Robert 1 : Luman
Chief of Police
ACORM CERTIFICATE OF LIABILITY INSURANCE 8,30/2010
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PRODUCER Lockton Companies, LLC -1 Kansas City
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th SDeK Sub 900
Kansas Clry M064112 -1906
(816) 960 -9000
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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INSURERS AFFORDING COVERAGE
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1303307 3805 WEST CHESTER PIKE
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441 W.47(hSnet, Suite 900
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(816) 960 -90 DO
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